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Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: The Deputy is dancing around the issue again. He is not making any commitments.

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: The penalty point system is supposed to be an administrative law system as opposed to a criminal law system. The standard level of proof for civil law is the balance of probabilities. The level of proof used for criminal law is beyond a reasonable doubt. Across Europe and across the Common Fisheries Policy, the approach of the penalty point system is supposed to operate in parallel to the...

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: Obviously, Britain is not in the EU and not subject to this any more-----

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: On the obligations of member states to become compliant with the Common Fisheries Policy, there is an obligation on them to introduce an administrative system for control in the form of a penalty point system. This would run in parallel to the criminal system. They are the appropriate benchmarks in our country for that. Obviously, if one were to introduce a threshold which was particular...

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: When the High Court reviews the decision of the appeals officer on a point of law it is open to the High Court to quash points assigned if it sees fit or, indeed, make another ruling; for example, sending the matter back for a rehearing. In essence, the High Court already has the power to do what is proposed by the amendment tabled by Deputy Collins. The court has a wide discretion in this...

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: I move amendment No. 19: In page 19, between lines 32 and 33, to insert the following: “(e) in a case in which a master is registered on an electronic interface, by leaving it on that electronic interface,”. These amendments to the proposed new section 15P of the 2006 Act are to include the option of using an electronic portal for the serving of documents. Such portals...

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: The objective here is to ensure that communication and engagement with everyone will be as effective and efficient as possible, and this would be a mechanism by which that could be done in a secure manner. Regarding the operation of this mechanism and notice to and engagement with fishers, the objective will be to support them and to strengthen the capacity to engage in that regard.

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: In the agricultural sphere, the use of online accounts has worked well for farmers and has made access to information clearer and more usable. It is important that we use modern tools and capacities in how we engage across the board with all citizens. It is also important that the legislation we introduce facilitates that. We want to provide easier means of communication for everyone...

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: I move amendment No. 20: In page 19, line 33, to delete “(e)” and substitute “(f)”.

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: I move amendment No. 21: In page 19, line 38, to delete “(f)” and substitute “(g)”.

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: I move amendment No. 22: In page 20, between lines 22 and 23, to insert the following: “(4) In this section, ‘electronic interface’ means a secure information technology platform, portal, exchange network or other similar interface maintained by, or on behalf of, the Minister which requires personal log-in details.”.

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: I move amendment No. 23: In page 21, line 33, to delete “Class” and substitute “class”. These amendments are typographical in nature. Amendment No. 23 proposes deleting “Class” and replacing it with the same word but without the capital letter. Amendment No. proposes to delete the word "infringement" and to replace it with the same word but a...

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: You should not ask hard questions, a Chathaoirligh.

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: As Albert Reynolds said, it is the little things that trip you up.

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: I will get out the magnifying glass.

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: I move amendment No. 24: In page 22, line 42, to delete “infringement.”.” and substitute “infringement.”.

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: I move amendment No. 25: In page 22, after line 42, to insert the following: “Points to be assigned for serious infringement specified in Article 90(1)(c) of Control Regulation 15U. For the purposes of Article 90 of the Control Regulation, the number of points to be assigned in accordance with this Chapter for a serious infringement specified in paragraph (1)(c) of that...

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: I move amendment No. 26: In page 23, between lines 30 and 31, to insert the following: “(b) in subsection (6)(b), by the deletion of “all or any of”,”.

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: I move amendment No. 26a: In page 23, to delete lines 31 to 33 and substitute the following: “(c) in column (2) of Table 1, opposite Reference Number 1(b), by the substitution of “a contravention relating to fishing gear or equipment” for “illegal nets or other equipment”, (d) in column (2) of Table 1, opposite Reference Number 2, by the...

Select Committee on Agriculture, Food and the Marine: Sea-Fisheries (Miscellaneous Provisions) Bill 2021: Committee Stage (Resumed) (23 Nov 2021)

Charlie McConalogue: I move amendment No. 27: In page 24, between lines 7 and 8, to insert the following: “13. The Fisheries (Amendment) Act 2003 is amended— (a) in section 4(3)(b) (amended by section 97 of the Act of 2006)— (i) in subparagraph (iii), by the substitution of “application is made,” for “application is made.”, and (ii) by the insertion of the...

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